OR Lemon Law Statutes

Oregon Lemon Law Qualifications

The Oregon lemon law covers any passenger motor vehicle, including used vehicles. Motor vehicles purchased or leased on or after September 21, 2009 must be purchased/leased or registered in Oregon.

Consumers Covered

The lemon law covers any of the following "consumers":

  • The purchaser or lessee, other than for purposes of resale, of a new motor vehicle normally used for personal , family or household purposes;
  • Any person to whom a new motor vehicle used for personal, family or household purposes is transferred for the same purposes during the duration of an express warranty applicable to the motor vehicle ; or
  • Any other person entitled by the terms of the express warranty to enforce its obligations.

Problems Covered

The lemon law covers any defect or condition that (1) does not conform to the applicable manufacturer's express warranty and (2) substantially impairs the use, market value or safety of the vehicle to the consumer. This is referred to as a nonconformity.

The lemon law provides manufacturers with an affirmative defense if it can be shown that the alleged nonconformity does not substantially impair the use, market value or safety; or the nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the vehicle by the consumer.

Reasonable Number Of Repair Attempts

For vehicles purchased/leased before September 21, 2009 , t he Oregon lemon law establishes a presumption that a reasonable number of repair attempts have been undertaken if either of the following events has occurred during the period of one year following the date of the motor vehicle's original delivery to the consumer or during the period ending when the vehicle mileage reaches 12,000 miles, whichever period ends first:

  • The same nonconformity has been subject to repair or correction four or more times by the manufacturer or its agent or authorized dealer, but the nonconformity continues to exist; or
  • The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more business days.

For vehicles purchased/leased on or after September 21, 2009 , the presumption is met if either of the following events has occurred during the two - year period following the date of the motor vehicle's original delivery to the consumer or during the pe riod ending when the vehicle mileage reaches 24,000 miles, whichever period ends first:

  • The manufacturer, its agent or authorized dealer has subjected the nonconformity to repair or correction three or more times and has had an opportunity to cure the nonconformity , but the nonconformity continues to exist; or
  • The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more calendar days or 60 or more calendar days for a motor home; or
  • The manufacturer, its agent or authorized dealer has subjected a nonconformity that is likely to cause death or serious bodily injury to repair or correction at least one time and has made a final attempt to repair or correct the nonconformity, but the nonconformity continues to exist.

The one - year /12,000 mile s period , two - year/24,000 miles period, and the 30 - day period are extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster.

T he presumption shall not apply against a manufacturer unless the manufacturer has received prior written notification from or on behalf of the consumer and has had an opportunity to cure the alleged defect.

Oregon Arbitration Requirements

If the manufacturer has participates in an informal dispute settlement procedure that complies with 16 C.F.R. Part 703 and settles disputes that arise under the lemon law , and the manufacturer causes the consumer to be notified of the procedure, then the provisions requiring refund or replacement do not apply unless the consumer has first resorted to the informal dispute settlement procedure. A decision issued by the procedure must be binding on the manufacturer but not on the consumer.

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